Opinion
2014-04-22
The PEOPLE of the State of New York, Respondent, v. Nathaniel BAPTISTE, Defendant–Appellant.
Steven Banks, The Legal Aid Society, New York (Paul Wiener of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Jared Wolkowitz of counsel), for respondent.
Steven Banks, The Legal Aid Society, New York (Paul Wiener of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Jared Wolkowitz of counsel), for respondent.
Judgment, Supreme Court, New York County (Bonnie G. Wittner, J.), rendered May 31, 2012, convicting defendant, upon his guilty plea, of robbery in the second degree, and sentencing him to a term of 3 1/2 years, unanimously affirmed.
The court properly exercised its discretion in denying defendant youthful offender treatment ( see People v. Drayton, 39 N.Y.2d 580, 385 N.Y.S.2d 1, 350 N.E.2d 377 [1976] ), in view of defendant's failure to comply with the conditions of his guilty plea. The court's determination did not violate the plea agreement or entitle defendant to withdraw his plea, because at the plea proceeding the court made it objectively clear that defendant would earn probation and youthful offender treatment only by complying with the plea conditions ( see People v. Cataldo, 39 N.Y.2d 578, 580, 384 N.Y.S.2d 763, 349 N.E.2d 863 [1976];People v. Castillo, 106 A.D.3d 440, 964 N.Y.S.2d 157 [1st Dept.2013],lv. denied22 N.Y.3d 954, 977 N.Y.S.2d 186, 999 N.E.2d 551 [2013] ). Defendant's strained interpretation of the terms of the plea is unavailing. MAZZARELLI, J.P., FRIEDMAN, DeGRASSE, FREEDMAN, KAPNICK, JJ., concur.